COMPLAINT FOR DECLARATORY JUDGMENT
Plaintiff GENMARK DIAGNOSTICS, INC. (“GENMARK”) alleges asfollows:
1. Plaintiff GENMARK is a Delaware corporation with its principal placeof business at 5964 La Place Court, Carlsbad, California, 92008-8829.GENMARK is qualified and duly authorized to conduct business in the State of California.2. On information and belief, defendant VIRONOVATIVE BV(“VIRONOVATIVE”) is a Dutch limited liability company with its principal placeof business at Marconistraat 16 3029 AK Rotterdam, The Netherlands.
3. This is an action for declaratory judgment of invalidity andnoninfringement of United States Patent Nos. 7,449,324 (“the ‘324 Patent”),7,531,342 (“the ‘342 Patent”), 7,704,720 (“the ‘720 Patent”) and 8,715,922 (“the‘922 Patent”) (collectively, “the Patents at Issue”) arising under the DeclaratoryJudgment Act, 28 U.S.C. §§ 2201 and 2202, and the patent laws of the UnitedStates, 35 U.S.C. §§ 1
. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. § 1331 and 1338(a).4. This Court has personal jurisdiction over defendantVIRONOVATIVE. VIRONOVATIVE has engaged in patent enforcementactivities in the United States and in this District. Specifically, VIRONOVATIVEhas licensed U.S. patents to multiple entities headquartered in the U.S., includingentities headquartered in this District. Additionally, VIRONOVATIVE for the pastseveral months has repeatedly contacted employees of GENMARK through emailand telephone, attempting to license the Patents at Issue and threatening legal actionif GENMARK did not take a license. The most recent contact was in May 2014.5. Venue is proper in this judicial district pursuant to 28 U.S.C.§§ 1391(b), (c) & (d).